Volume 14

14 Fla. L. Weekly Supp. 211a

Attorney’s fees — Insurance — Personal injury protection — Timeliness of motion — Trial court erred in applying standard requiring that motion for attorney’s fees be filed within reasonable time after entry of final judgment rather than bright-line rule requiring service of motion within 30 days of entry of final judgment or service of voluntary dismissal, as established by rule 1.525 — Nevertheless, trial court’s denial of motion for fees must be affirmed where final judgment has not been entered, voluntary dismissal has not been served, and parties’ settlement agreement anticipates additional judicial labor to resolve matter of attorney’s fees — Medical provider is not precluded from timely filing motion for fees once final judgment is entered

14 Fla. L. Weekly Supp. 895b

Insurance — Personal injury protection — Attorney’s fees — Stipulated award

14 Fla. L. Weekly Supp. 1059a

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — No merit to arguments regarding ambiguity and bad faith in settlement offer — Motion for fees filed 31 days afer filing of judgment was timely where 30th day fell on Sunday — Motion for attorney’s fees and costs granted

14 Fla. L. Weekly Supp. 842a

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Error to deny insurer’s motion for attorney’s fees and costs on grounds that release contained in proposal for settlement was ambiguous as to whether acceptance of proposal would have extinguished potential uninsured or underinsured motorist claim where plain reading of entire proposal specifically limits release to actual case being litigated — Appellate fees awarded to insurer

14 Fla. L. Weekly Supp. 877a

Attorney’s fees — Insurance — Personal injury protection — Prevailing insurer not entitled to fees under section 57.105, but is entitled to fees based on proposal for settlement filed in small claims PIP case

14 Fla. L. Weekly Supp. 1135a

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Due to use of phrase “but not limited to” in general release, proposal for settlement is not sufficiently particular to meet requirements of rule 1.442 — Motion to tax fees denied

14 Fla. L. Weekly Supp. 978b

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Ambiguous proposal

14 Fla. L. Weekly Supp. 1100b

Attorney’s fees — Insurance — Personal injury protection — Proposal for settlement — Denial — Ambiguous proposal

14 Fla. L. Weekly Supp. 1101b

Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Section 627.736(5)(b)(5) requires annual and cumulative calculation of MRI fee schedule adjusted annually on August 1 to account for previous year’s changes ending on June 30 — Statute does not impose penalty for submitting excessive bill, and submitting excessive bill does not bar claim — Medical provider complied with requirement to submit itemized specification of charges by attaching completed CMS Form 1500 to demand letter — No error in awarding attorney’s fees to prevailing provider in declaratory judgment action

14 Fla. L. Weekly Supp. 1096a

Attorney’s fees — Insurance — Personal injury protection — Award of fees in favor of medical provider is reversed because underlying judgment in favor of provider has been reversed